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SOUTHEAST TEXAS RECORD

Wednesday, November 6, 2024

Timber Lane Community Improvement Association sues property owner for violating neighborhood deed restrictions

State Court
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Timber Lane Community Improvement Association has filed a lawsuit against a property owner in Harris County, Texas, seeking both temporary and permanent injunctions to address ongoing violations of community regulations. The complaint was officially filed on October 24, 2024, by the Timber Lane Community Improvement Association against Antonio Gutierrez.

The case centers around allegations that Antonio Gutierrez, who owns property at 23314 Earlmist Drive in Spring, Texas, has violated deed restrictions and local health codes. The plaintiff claims that Gutierrez's property has become a public nuisance due to the accumulation of trash and debris, unauthorized structures such as an unapproved canopy, and unsanitary conditions likely to attract pests. These actions are said to breach the neighborhood's deed restrictions which prohibit any activity that may be deemed obnoxious or offensive. Furthermore, these conditions allegedly violate Chapter 343 of the Texas Health and Safety Code concerning public nuisances.

According to the Timber Lane Community Improvement Association, they have repeatedly demanded that Gutierrez rectify these issues but to no avail. On August 16, 2024, a formal notice was sent by their attorney demanding compliance with the community standards. However, Gutierrez has reportedly refused to address these violations, prompting legal action from the association.

The association is not only seeking injunctive relief but also civil damages for each day the violations persist. They argue that without court intervention, their losses will continue to grow significantly. In addition to stopping further infractions through court orders, they are requesting reimbursement for attorney fees amounting to at least $5,000 and other related costs under various sections of the Texas Property Code and Civil Practice and Remedies Code.

Representing Timber Lane Community Improvement Association is attorney Michael Gainer from Victoria, Texas. The case is filed under Case ID: 2024-74158 in Harris County District Court.

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